83R27589 YDB-D
 
  By: Watson, et al. S.B. No. 507
 
  (J. Davis of Harris)
 
  Substitute the following for S.B. No. 507:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public and private facilities and infrastructure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2166.001, Government Code, is amended by
  amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) to
  read as follows:
               (1)  "Capitol Complex" has the meaning prescribed by
  Section 411.061(a)(1).
               (1-a)  "Commission" means the Texas Facilities
  Commission.
               (1-b) [(1-a)]  "Construction" includes acquisition and
  reconstruction.
         SECTION 2.  Section 2267.001, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by adding Subdivisions (1-a) and (9-b) to
  read as follows:
               (1-a)  "Commission" means the Partnership Advisory
  Commission established under Chapter 2268.
               (9-b)  "Proposer" means a private entity that submits a
  proposal for a qualifying project to a responsible governmental
  entity.
         SECTION 3.  Subchapter A, Chapter 2267, Government Code, as
  added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by adding Sections 2267.005,
  2267.006, 2267.007, and 2267.008 to read as follows:
         Sec. 2267.005.  APPLICABILITY OF MUNICIPAL ZONING
  REGULATIONS. (a)  Except as provided by Subsection (b) and Section
  2267.006, a qualifying project that is to be performed or located in
  a municipality must comply with the zoning and land use regulations
  of the municipality.
         (b)  This section does not apply to a qualifying project
  that:
               (1)  uses a building, other structure, or land under
  the control, administration, or jurisdiction of a state agency for
  the same public purposes for which the state agency is authorized
  under the governing law that established the agency to use the
  building, structure, or land; or
               (2)  is located within the Capitol Complex, as defined
  by Section 411.061(a)(1).
         Sec. 2267.006.  SPECIAL BOARD OF REVIEW. (a)  If a
  qualifying project involving a state facility or state-owned land
  does not comply with the zoning and land use regulations of a
  municipality as required by Section 2267.005 and the municipality
  denies a rezoning request for the qualifying project, the matter
  may be appealed to a special board of review consisting of the
  following members:
               (1)  the land commissioner;
               (2)  the administrative head of the governing body of
  the responsible governmental entity;
               (3)  the mayor of the municipality;
               (4)  the county judge of the county in which the
  municipality is located;
               (5)  one state senator from the area impacted by the
  project, selected by the lieutenant governor;
               (6)  one member of the house of representatives from
  the area impacted by the project, selected by the speaker of the
  house of representatives; and
               (7)  the commission member, appointed by the governor.
         (b)  The land commissioner shall serve as presiding officer
  of the special board of review.
         (c)  The special board of review shall conduct one or more
  public hearings to consider the proposed qualifying project. The
  hearings must be conducted in accordance with rules adopted by the
  General Land Office for conduct of special review.  The hearings are
  not considered a contested case proceeding under Chapter 2001.
         (d)  If after the hearings, the special board of review
  determines that the zoning and land use regulations are detrimental
  to the best interest of this state, the special board of review
  shall issue an order establishing a development plan to govern the
  use of the real property related to the qualifying project.
  Development of the real property must be in accordance with the plan
  and comply with all applicable municipal regulations, orders, or
  ordinances except as specifically identified by the order of the
  special board of review. If substantial progress is not made in
  implementing the qualifying project before the fifth anniversary of
  the date the development plan is adopted by the special board of
  review, the municipal zoning and land use regulations become
  applicable to development of the property, unless the special board
  of review adopts a new development plan.
         (e)  A development plan adopted by the special board of
  review and any plan accepted by a responsible governmental entity
  is final and binding on the state, the responsible governmental
  entity, lessees, successors in interest and assigns, and the
  affected municipality unless revised by the special board of
  review.
         (f)  A responsible governmental entity, builder, developer,
  or any other person may not modify the development plan without
  specific approval by the special board of review.
         Sec. 2267.007.  CONFLICT OF INTEREST. An employee of a
  responsible governmental entity or a person related to the employee
  within the second degree by consanguinity or affinity, as
  determined under Chapter 573, may not accept money, a financial
  benefit, or other consideration from a contracting person that has
  entered into a comprehensive agreement with the responsible
  governmental entity.
         Sec. 2267.008.  PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED
  GOVERNMENTAL ENTITY EMPLOYEES. (a)  A contracting person may not
  employ or enter into a professional services contract or a
  consulting services contract under Chapter 2254 with a former or
  retired employee of the responsible governmental entity with which
  the person has entered into a comprehensive agreement before the
  first anniversary of the date on which the former or retired
  employee terminates employment with the entity.
         (b)  This section does not prohibit the contracting person
  from entering into a professional services contract with a
  corporation, firm, or other business organization that employs a
  former or retired employee of the responsible governmental entity
  before the first anniversary of the date the former or retired
  employee terminates employment with the entity if the former or
  retired employee does not perform services for the corporation,
  firm, or other business organization under the comprehensive
  agreement with the responsible governmental entity that the former
  or retired employee worked on before terminating employment with
  the entity.
         SECTION 4.  Section 2267.051, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsection (a) and adding
  Subsection (a-1) to read as follows:
         (a)  Except as provided by Subsection (a-1), a [A] person may
  not develop or operate a qualifying project unless the person
  obtains the approval of and contracts with the responsible
  governmental entity under this chapter.  The person may initiate
  the approval process by submitting a proposal requesting approval
  under Section 2267.053(a), or the responsible governmental entity
  may request proposals or invite bids under Section 2267.053(b).
         (a-1)  A person may not develop or operate a qualifying
  project on property located within the Capitol Complex, as defined
  by Section 411.061(a)(1), unless the person obtains the approval of
  and contracts with the responsible governmental entity under this
  chapter.  The person may not initiate the approval process by
  submitting a proposal requesting approval under Section
  2267.053(a). However, the responsible governmental entity may
  request proposals or invite bids under Section 2267.053(b).
         SECTION 5.  Section 2267.052, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsections (b) and (c) and
  adding Subsections (c-1) and (d) to read as follows:
         (b)  The guidelines for a responsible governmental entity
  described by Section 2267.001(5)(A) must:
               (1)  require the responsible governmental entity to:
                     (A)  make a representative of the entity available
  to meet with persons who are considering submitting a proposal; and
                     (B)  provide notice of the representative's
  availability;
               (2)  provide reasonable criteria for choosing among
  competing proposals;
               (3)  contain suggested timelines for selecting
  proposals and negotiating an interim or comprehensive agreement;
               (4)  allow the responsible governmental entity to
  accelerate the selection, review, and documentation timelines for
  proposals involving a qualifying project considered a priority by
  the entity;
               (5)  include financial review and analysis procedures
  that at a minimum consist of:
                     (A)  a cost-benefit analysis;
                     (B)  an assessment of opportunity cost;
                     (C)  consideration of the degree to which
  functionality and services similar to the functionality and
  services to be provided by the proposed project are already
  available in the private market; and
                     (D)  consideration of the results of all studies
  and analyses related to the proposed qualifying project;
               (6)  allow the responsible governmental entity to
  consider the nonfinancial benefits of a proposed qualifying
  project;
               (7)  for a proposed qualifying project to improve real
  property, require the responsible governmental entity to evaluate
  the project's design quality, life-cycle costs, and relationship to
  any relevant comprehensive planning or zoning requirements;
               (8)  include criteria for:
                     (A)  the qualifying project, including the scope,
  costs, and duration of the project and the involvement or impact of
  the project on multiple public entities;
                     (B)  the creation of and the responsibilities of
  an oversight committee, with members representing the responsible
  governmental entity, that acts as an advisory committee to review
  the terms of any proposed interim or comprehensive agreement; and
                     (C)  compliance with the requirements of Chapter
  2268;
               (9) [(8)]  require the responsible governmental entity
  to analyze the adequacy of the information to be released by the
  entity when seeking competing proposals and require that the entity
  provide more detailed information, if the entity determines
  necessary, to encourage competition, subject to Section
  2267.053(g);
               (10) [(9)]  establish criteria, key decision points,
  and approvals required to ensure that the responsible governmental
  entity considers the extent of competition before selecting
  proposals and negotiating an interim or comprehensive agreement;
  and
               (11) [(10)]  require the posting and publishing of
  public notice of a proposal requesting approval of a qualifying
  project, including:
                     (A)  specific information and documentation
  regarding the nature, timing, and scope of the qualifying project,
  as required under Section 2267.053(a);
                     (B)  a reasonable period, as determined by the
  responsible governmental entity, of not less than 45 days or more
  than 180 days, or a longer period specified by the governing body of
  the responsible governmental entity to accommodate a large-scale
  project, [as determined by the responsible governmental entity,] to
  encourage competition and partnerships with private entities and
  other persons in accordance with the goals of this chapter, during
  which the responsible governmental entity must accept submission of
  competing proposals for the qualifying project; and
                     (C)  a requirement for advertising the notice on
  the governmental entity's Internet website and on TexasOnline or
  the state's official Internet website.
         (c)  The guidelines of a responsible governmental entity
  described by Section 2267.001(5)(B) must include:
               (1)  [may include] the provisions required under
  Subsection (b); and
               (2)  [must include] a requirement that the governmental
  entity engage the services of qualified professionals, including an
  architect, professional engineer, or certified public accountant,
  not otherwise employed by the governmental entity, to provide
  independent analyses regarding the specifics, advantages,
  disadvantages, and long-term and short-term costs of any proposal
  requesting approval of a qualifying project unless the governing
  body of the governmental entity determines that the analysis of the
  proposal is to be performed by similarly qualified employees of the
  governmental entity.
         (c-1)  If the qualifying project proposal is for the
  construction or renovation of a structure and the estimated cost of
  the project is $5 million or more, the analyses required under
  Subsection (c)(2) must include an analysis by an architect, a
  professional engineer, and a certified public accountant.
         (d)  A responsible governmental entity described by Section
  2267.001(5)(A) shall submit a copy of the guidelines adopted by the
  entity under this section to the commission for approval by the
  commission.  The commission shall prescribe the procedure for
  submitting the guidelines for review under this section. The
  governmental entity may not request or consider a proposal for a
  qualifying project until the guidelines are approved by the
  commission.  The guidelines are considered disapproved unless the
  commission by majority vote of the commission members present and
  voting approves the guidelines not later than the 90th day after the
  date the commission receives the copy of the guidelines from the
  responsible governmental entity.
         SECTION 6.  Section 2267.053, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsections (a), (b), (g),
  and (h) and adding Subsections (a-1), (b-1), and (b-2) to read as
  follows:
         (a)  A private entity or other person may submit a proposal
  requesting approval of a qualifying project by the responsible
  governmental entity.  The proposal must be accompanied by the
  following, unless waived by the responsible governmental entity:
               (1)  a topographic map, with a 1:2,000 or other
  appropriate scale, indicating the location of the qualifying
  project;
               (2)  a description of the qualifying project,
  including:
                     (A)  the conceptual design of any facility or a
  conceptual plan for the provision of services or technology
  infrastructure; and
                     (B)  a schedule for the initiation of and
  completion of the qualifying project that includes the proposed
  major responsibilities and timeline for activities to be performed
  by the governmental entity and the person;
               (3)  a statement of the method the person proposes for
  securing necessary property interests required for the qualifying
  project;
               (4)  information relating to any current plans for the
  development of facilities or technology infrastructure to be used
  by a governmental entity that are similar to the qualifying project
  being proposed by the person for each affected jurisdiction;
               (5)  a list of all permits and approvals required for
  the development and completion of the qualifying project from
  local, state, or federal agencies and a projected schedule for
  obtaining the permits and approvals;
               (6)  a list of any facilities that will be affected by
  the qualifying project and a statement of the person's plans to
  accommodate the affected facilities;
               (7)  a statement on the person's general plans for
  financing the qualifying project, including the sources of the
  person's funds and identification of any dedicated revenue source
  or proposed debt or equity investment for the person;
               (8)  the name and address of each individual who may be
  contacted for further information concerning the request;
               (9)  user fees, lease payments, and other service
  payments over the term of any applicable interim or comprehensive
  agreement and the methodology and circumstances for changes to the
  user fees, lease payments, and other service payments over time;
               (10)  a statement of the specific public purpose served
  by the qualifying project;
               (11)  a statement describing the qualifying project's
  compliance with the responsible governmental entity's best value
  determination under Subsection (b-1); and
               (12) [(10)]  any additional material and information
  the responsible governmental entity reasonably requests.
         (a-1)  A responsible governmental entity that accepts an
  unsolicited proposal for a qualifying project under Subsection (a),
  in accordance with the requirements of Section 2267.052(b)(11)(B),
  shall select the contracting person for the project by soliciting
  additional proposals through a request for qualifications, request
  for proposals, or invitation to bid.
         (b)  A responsible governmental entity may request proposals
  or invite bids from persons for the development or operation of a
  qualifying project.
         (b-1)  A responsible governmental entity shall make a best
  value determination in evaluating the proposals received and 
  consider the total project cost as one factor in evaluating the
  proposals.  The responsible governmental entity [received, but] is
  not required to select the proposal that offers the lowest total
  project cost and[.  The responsible governmental entity] may
  consider the following factors:
               (1)  the proposed cost of the qualifying project;
               (2)  the general reputation, industry experience, and
  financial capacity of the person submitting a proposal;
               (3)  the proposed design and overall quality of the
  qualifying project;
               (4)  the eligibility of the project for accelerated
  selection, review, and documentation timelines under the
  responsible governmental entity's guidelines;
               (5)  comments from local citizens and affected
  jurisdictions;
               (6)  benefits to the public;
               (7)  the person's good faith effort to comply with the
  goals of a historically underutilized business plan;
               (8)  the person's plans to employ local contractors and
  residents;
               (9)  for a qualifying project that involves a
  continuing role beyond design and construction, the person's
  proposed rate of return and opportunities for revenue sharing;
               (10)  the relationship and conformity of the qualifying
  project to a state or local community plan impacted by the
  qualifying project or to the uses of property surrounding the
  qualifying project;
               (11)  the historic significance of the property on
  which the qualifying project is proposed to be located;
               (12)  the environmental impact of the qualifying
  project; and
               (13) [(10)]  other criteria that the responsible
  governmental entity considers appropriate.
         (b-2)  A responsible governmental entity may approve a
  qualifying project that the governmental entity determines serves a
  public purpose. The responsible governmental entity must include
  in the comprehensive agreement for the qualifying project a written
  declaration of the specific public purpose served by the project.
         (g)  The responsible governmental entity shall take action
  appropriate under Section 552.153 to protect confidential and
  proprietary information provided by a proposer and by the
  contracting person under an agreement.
         (h)  Before entering into [the negotiation of] an interim or
  comprehensive agreement, each responsible governmental entity
  described by Section 2267.001(5)(A) must submit copies of detailed
  proposals, including drafts of any interim agreement and the
  comprehensive agreement, to the Partnership Advisory Commission in
  accordance with Chapter 2268.
         SECTION 7.  Subsection (a), Section 2267.058, Government
  Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
  Legislature, Regular Session, 2011, is amended to read as follows:
         (a)  Before developing or operating the qualifying project,
  the contracting person must enter into a comprehensive agreement
  with a responsible governmental entity. The comprehensive
  agreement shall provide for:
               (1)  delivery of letters of credit or other security in
  connection with the development or operation of the qualifying
  project, in the forms and amounts satisfactory to the responsible
  governmental entity, and delivery of performance and payment bonds
  in compliance with Chapter 2253 for all construction activities;
               (2)  review of plans and specifications for the
  qualifying project by the responsible governmental entity and
  approval by the responsible governmental entity indicating that
  [if] the plans and specifications conform to standards acceptable
  to the responsible governmental entity, except that the contracting
  person may not be required to provide final design documents for
  [complete the design of] a qualifying project before the execution
  of a comprehensive agreement;
               (3)  inspection of the qualifying project by the
  responsible governmental entity to ensure that the contracting
  person's activities are acceptable to the responsible governmental
  entity in accordance with the comprehensive agreement;
               (4)  maintenance of a public liability insurance
  policy, copies of which must be filed with the responsible
  governmental entity accompanied by proofs of coverage, or
  self-insurance, each in the form and amount satisfactory to the
  responsible governmental entity and reasonably sufficient to
  ensure coverage of tort liability to the public and project
  employees and to enable the continued operation of the qualifying
  project;
               (5)  monitoring of the practices of the contracting
  person by the responsible governmental entity to ensure that the
  qualifying project is properly maintained;
               (6)  reimbursement to be paid to the responsible
  governmental entity for services provided by the responsible
  governmental entity;
               (7)  filing of appropriate financial statements on a
  periodic basis; and
               (8)  policies and procedures governing the rights and
  responsibilities of the responsible governmental entity and the
  contracting person if the comprehensive agreement is terminated or
  there is a material default by the contracting person, including
  conditions governing:
                     (A)  assumption of the duties and
  responsibilities of the contracting person by the responsible
  governmental entity; and
                     (B)  the transfer or purchase of property or other
  interests of the contracting person to the responsible governmental
  entity.
         SECTION 8.  The heading to Section 2267.066, Government
  Code, is amended to read as follows:
         Sec. 2267.066.  POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC
  ACCESS TO PROCUREMENT RECORDS; FINAL VOTE.
         SECTION 9.  Section 2267.066, Government Code, is amended by
  amending Subsections (c) and (d) and adding Subsection (e-1) to
  read as follows:
         (c)  Trade secrets, proprietary information, and financial
  records[, or other records] of a proposer are [the contracting
  person] excluded from disclosure under Section 552.101 and may not
  be posted or made available for public inspection except as
  otherwise agreed to by the responsible governmental entity and the
  proposer [contracting person].  After submission by a responsible
  governmental entity of a detailed qualifying project proposal to
  the commission, the trade secrets, proprietary information, and
  financial records of the proposer are not protected from disclosure
  unless expressly excepted from the requirements of Chapter 552 or
  considered confidential under other law.
         (d)  The responsible governmental entity shall hold a public
  hearing on the proposal during the proposal review process not
  later than the 30th day before the date the entity enters into an
  interim or comprehensive agreement. The public hearing shall be
  held in the area in which the proposed qualifying project is to be
  performed.
         (e-1)  After making the proposed comprehensive agreement
  available as required by Subsection (e), the responsible
  governmental entity shall hold a public hearing on the final
  version of the proposed comprehensive agreement and vote on the
  proposed comprehensive agreement after the hearing. The hearing
  must be held not later than the 10th day before the date the entity
  enters into a comprehensive agreement with a contracting person.
         SECTION 10.  Subchapter B, Chapter 2267, Government Code, as
  added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by adding Section 2267.067 to
  read as follows:
         Sec. 2267.067.  QUALIFYING PROJECT IN CAPITOL COMPLEX.
  (a)  A qualifying project for property located in the Capitol
  Complex, as defined by Section 411.061(a)(1), must be consistent
  with Capitol Complex design guidelines or standards adopted as part
  of a 1989 planning process or subsequently adopted based on a
  Capitol Complex master plan developed thereafter.
         (b)  A responsible governmental entity shall include design
  guidelines and standards defined in Subsection (a) in the request
  for proposals or invitation for bids for the development or
  operation of a qualifying project and inform the persons who submit
  proposals of the requirement to comply with the design guidelines
  and standards.  The final proposal or invitation must be submitted
  to the State Preservation Board for verification that the proposal
  complies with the standards.
         (c)  A responsible governmental entity shall submit a final
  qualifying project proposal for property in the area described by
  Subsection (a) to the State Preservation Board. The State
  Preservation Board by majority vote may disapprove the proposal not
  later than the 60th day after the date the proposal is received.
         (d)  A responsible governmental entity may not approve a
  qualifying project proposal for property in the area described by
  Subsection (a) before September 1, 2015. This subsection expires
  September 1, 2015.
         SECTION 11.  Subsection (a), Section 2268.052, Government
  Code, is amended to read as follows:
         (a)  The commission consists of the following six [11]
  members:
               (1)  the chair of the House Appropriations Committee
  [or the chair's designee];
               (2)  one representative [three representatives]
  appointed by the speaker of the house of representatives;
               (3)  the chair of the Senate Finance Committee [or the
  chair's designee];
               (4)  one senator [three senators] appointed by the
  lieutenant governor; [and]
               (5)  the executive director of the State Preservation
  Board, who serves as a nonvoting member; and
               (6)  one public member [three representatives of the
  executive branch,] appointed by the governor.
         SECTION 12.  Section 2268.053, Government Code, is amended
  to read as follows:
         Sec. 2268.053.  PRESIDING OFFICER.  (a)  The executive
  director of the State Preservation Board shall serve as presiding
  officer of the commission.
         (b)  The members of the commission shall elect from among the
  legislative members [a presiding officer and] an assistant
  presiding officer to serve a two-year term [terms].
         SECTION 13.  Subsection (a), Section 2268.056, Government
  Code, is amended to read as follows:
         (a)  The State Preservation Board [legislative body that the
  presiding officer serves] shall provide administrative staff
  support for the commission.
         SECTION 14.  Subchapter B, Chapter 2268, Government Code, is
  amended by adding Section 2268.0585 to read as follows:
         Sec. 2268.0585.  DISAPPROVAL OF QUALIFYING PROJECT
  PROPOSALS OF CERTAIN RESPONSIBLE GOVERNMENTAL ENTITIES. The
  commission by majority vote may disapprove a qualifying project
  proposal submitted by a governmental entity described by Section
  2267.001(5)(A).
         SECTION 15.  Section 552.153, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsection (b) and adding
  Subsection (d) to read as follows:
         (b)  Information in the custody of a responsible
  governmental entity that relates to a proposal for a qualifying
  project authorized under Chapter 2267 is excepted from the
  requirements of Section 552.021 if:
               (1)  the information consists of memoranda, staff
  evaluations, or other records prepared by the responsible
  governmental entity, its staff, outside advisors, or consultants
  exclusively for the evaluation and negotiation of proposals filed
  under Chapter 2267 for which:
                     (A)  disclosure to the public before or after the
  execution of an interim or comprehensive agreement would adversely
  affect the financial interest or bargaining position of the
  responsible governmental entity; and
                     (B)  the basis for the determination under
  Paragraph (A) is documented in writing by the responsible
  governmental entity; or
               (2)  the records are provided by a proposer
  [contracting person] to a responsible governmental entity or
  affected jurisdiction under Chapter 2267 and contain:
                     (A)  trade secrets of the proposer [contracting
  person];
                     (B)  financial records of the proposer
  [contracting person], including balance sheets and financial
  statements, that are not generally available to the public through
  regulatory disclosure or other means; or
                     (C)  proprietary [other] information submitted by
  the proposer [contracting person] that, if made public before the
  execution of an interim or comprehensive agreement, would provide a
  competing proposer an unjust advantage or adversely affect the
  financial interest or bargaining position of the responsible
  governmental entity or the proposer [person].
         (d)  In this section, "proposer" has the meaning assigned by
  Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the
  82nd Legislature, Regular Session, 2011.
         SECTION 16.  Subsection (c), Section 211.013, Local
  Government Code, is amended to read as follows:
         (c)  Except as provided by Section 2267.005, Government
  Code, this [This] subchapter does not apply to a building, other
  structure, or land under the control, administration, or
  jurisdiction of a state or federal agency.
         SECTION 17.  Subsection (e), Section 31.155, Natural
  Resources Code, is amended to read as follows:
         (e)  The duties of the division to make recommendations
  regarding real property and of the commissioner to prepare a report
  involving real property under this subchapter do not apply to:
               (1)  the real property of the Texas Historical
  Commission;
               (2)  the real property comprising the Alamo;
               (3)  the real property comprising the French Legation;
               (4)  the real property comprising the Governor's
  Mansion;
               (5)  the real property comprising the Texas State
  Cemetery, more specifically described as 17.376 acres located at
  801 Comal, Lot 5, Division B, City of Austin, Travis County, Texas;
               (6)  the real property administered by the State
  Preservation Board; [and]
               (7)  highway rights-of-way owned by the Texas
  Department of Transportation; and
               (8)  the real property located in the Capitol Complex
  as defined by Section 411.061(a)(1), Government Code.
         SECTION 18.  (a)  The term of the presiding officer of the
  Partnership Advisory Commission serving immediately before the
  effective date of this Act expires on the effective date of this
  Act.  This subsection does not affect the entitlement of that
  individual to continue to serve as a member of the commission.
         (b)  Not later than December 1, 2016, the Partnership
  Advisory Commission established under Chapter 2268, Government
  Code, shall submit to the lieutenant governor, the speaker of the
  house of representatives, and the appropriate legislative standing
  committees recommendations on proposed amendments to Chapters 2267
  and 2268, Government Code.
         SECTION 19.  If Senate Bill No. 894, 83rd Legislature,
  Regular Session, or similar legislation exempting property in the
  Capitol Complex as defined by Subdivision (1), Subsection (a),
  Section 411.061, Government Code, from Chapter 2267, Government
  Code, as added by Chapter 1334 (Senate Bill No. 1048), Acts of the
  82nd Legislature, Regular Session, 2011, is passed and signed into
  law, Sections 4 and 10 of this Act do not take effect.
         SECTION 20.  This Act takes effect September 1, 2013.